1.
—This Act may be cited as the Dublin Docklands Development Authority Act, 1997.

Commencement.

2.
—This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions of this Act.

“the appropriate Minister” means any Minister of the Government (other than the Minister) who, having regard to the Ministerial functions vested in that Minister, in the opinion of the Minister might be concerned with or interested in the matter in question;

(h) a company in which all the shares are held by, or on behalf of, or by directors appointed by, a Minister of the Government, or

(i) a company in which all the shares are held by a board, company or other body referred to in paragraph (g) or (h) of this definition.

(2) Any reference in this Act to performance of a function includes, with respect to a power or duty, a reference to exercise of the power or the performance of the duty.

(3) (a) In this Act a reference to a section or Schedule is to a section of, or Schedule to, this Act, unless it is indicated that reference to some other enactment is intended.

(b) In this Act a reference to a subsection or paragraph is to the subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended.

(4) In this Act a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or adapted by or under any subsequent enactment.

(5) (a) In this subsection, a reference to a “thoroughfare” includes any avenue, bridge, drive, high water mark, place, river, road, row, street or wall.

(b) In the First and Second Schedules—

(i) a reference to a line drawn along any thoroughfare is a reference to a line drawn along the centre of that thoroughfare;

(ii) a reference to a projection of any thoroughfare is a reference to a projection of a line drawn along the centre of that thoroughfare;

(iii) a reference to the point where any thoroughfare or projection of any thoroughfare intersects or joins any other thoroughfare or projection of a thoroughfare is a reference to the point where a line drawn along the centre of such thoroughfare, or in the case of a projection of a thoroughfare, along such projection, would be intersected or joined by a line drawn along the centre of such other thoroughfare or, in the case of another projection of a thoroughfare, along such other projection.

Dublin Docklands Area.

4.
—(1) For the purposes of this Act “the Dublin Docklands Area” means the area described in the First Schedule.

(2) (a) The Minister may by order, made with the consent of the Minister for Finance, alter the Dublin Docklands Area so as to include in the area land described in the order contiguous to the boundaries of the area or to exclude therefrom land described in the order and forming part of the area described in the First Schedule.

(b) Where an order under this section is in force, every reference in this Act to the Dublin Docklands Area shall be construed as a reference to the area described in the First Schedule as altered by the order.

Custom House Docks Area.

5.
—(1) For the purposes of this Act “the Custom House Docks Area” means the area described in the Second Schedule.

(2) (a) The Minister may by order, made with the consent of the Minister for Finance, extend the Custom House Docks Area to include land described in the order contiguous to the boundaries of the area and lying east of the area, between the centre line of Sheriff Street Upper and Sheriff Street Lower and the centre of the River Liffey.

(b) Where an order under this section is in force, every reference in this Act to the Custom House Docks Area shall be construed as a reference to the area described in the Second Schedule as extended by the order.

Orders.

6.
—(1) Subject to subsection (2), the Minister may, by order, revoke or amend any order made under this Act (including any order made under this section).

(2) Where an order to be amended or revoked by order under this section was made by the Minister with the consent of, or after consultation with, a Minister of the Government, the Minister shall, before making the order under this section, in addition, either (as may be appropriate) obtain the consent of or consult with that Minister of the Government.

(3) Where it is proposed to make an order under section 25
(1)(a) the Minister shall cause a draft of the order to be laid before each House of the Oireachtas and the order shall not be made unless a resolution approving of the draft has been passed by each such House.

(4) Every order made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

Regulations.

7.
—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed or in relation to any matter referred to in this Act as the subject of regulations or for the purpose of giving full effect to this Act.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next subsequent twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Repeals.

8.
—The enactments mentioned in column (2) of the Third Schedule are hereby repealed to the extent mentioned in column (3) of that Schedule.

Saver.

9.
—(1) Notwithstanding section 8, any planning scheme approved (with or without modifications) by the Minister under section 12 of the Act of 1986 shall continue in force and shall be deemed to be a planning scheme prepared and approved under section 25.

(2) Notwithstanding section 8, section 18 of the Act of 1986 shall continue in force and have effect in relation to accounts drawn up under section 53.

(3) (a) Nothing in this Act shall affect any rates remission scheme made under section 7 of the Act of 1986.

(b) Nothing in paragraph (a) shall be construed as prohibiting the making of any rates remission scheme under section 7 of the Act of 1986 in respect of any part of the Dublin Docklands Area after the passing of this Act.

(4) Notwithstanding section 8, section 2 of the Act of 1987, and any orders made thereunder, shall continue in operation and have effect for the purposes of section 6 of the Act of 1986.

(5) Subject to subsection (6), a compulsory purchase order made by the Custom House Docks Development Authority and confirmed by the Minister under section 5 of the Act of 1987, shall continue to have full force and effect notwithstanding section 8.

(6) Notwithstanding section 8, section 5 of the Act of 1987, shall continue to apply for the purposes of any order made under that section and—

(a) land acquired by virtue of an order made under that section shall be used exclusively for the purposes for which it was acquired by order made under that section, and

(b) references to the Authority in that section shall be construed as references to the Dublin Docklands Development Authority.

(8) Notwithstanding section 56, it is hereby expressly confirmed that any provisions in relation to superannuation made by the Custom House Docks Development Authority immediately before the establishment day shall, as respects a person to whom those provisions applied and in respect of whom no provisions in relation to superannuation have been made under section 35, continue in force as if made by the Dublin Docklands Development Authority which shall have the like powers and functions under this Act in relation to such provisions as the Custom House Docks Development Authority had immediately before the establishment day.

Expenses of Minister.

10.
—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Indemnification of certain persons.

11.
—(1) Where the Authority is satisfied that a person to whom this section applies has discharged the duties appropriate to that person in relation to the functions of the Authority in a bona fide manner, it shall indemnify that person against all actions or claims however so arising in respect of the discharge by that person of those duties.

(2) This section applies to—

(a) the Chairperson,

(b) an ordinary member of the Council,

(c) an ordinary director of the Executive Board,

(d) an employee of the Authority, and

(e) a person whose services are provided to the Authority under section 37.

Immunity of Authority.

12.
—No action or other proceedings shall lie or be maintainable against the Authority or any body referred to in section 37 for the recovery of damages in respect of any injury to persons, damage to property or other loss alleged to have been caused or contributed to by a failure to perform any of the functions conferred on the said Authority or body.

Prosecutions and penalties.

13.
—(1) A person guilty of an offence under section 39
,
40, or 41 shall be liable—

(a) on summary conviction, to a fine not exceeding £1,500 or, at the discretion of the court, to imprisonment for a term not exceeding six months or to both such fine and imprisonment, or

(b) on conviction on indictment, to a fine not exceeding £10,000 or, at the discretion of the court, to imprisonment for a term not exceeding two years or to both such fine and imprisonment.

(2) An offence under any provision of this Act may be prosecuted summarily by the Authority.

(3) Subject to subsection (4) and notwithstanding section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced—

(a) at any time within twelve months from the date on which the offence was committed, or

(b) at any time within twelve months from the date on which knowledge of the commission of the offence came to the person by whom the proceedings are initiated,

whichever is the later.

(4) Proceedings under subsection (3) shall not be initiated later than five years from the date on which the offence concerned was committed.

(5) For the purposes of this section, a certificate signed by or on behalf of the person initiating the proceedings as to the date on which the commission of the offence came to that person's knowledge shall be prima facie evidence thereof and in any legal proceedings a document purporting to be a certificate issued for the purposes of this subsection and to be so signed shall be deemed to be so signed and shall be admitted as evidence without proof of the signature of the person purporting to sign the certificate, unless the contrary is shown.